The Sun. — London, England, 1826-11-27 00:00:00

so steadily directed ` towards advancing eastward, that we do not believe that she , will abandon this policy at the very monient when an important step in it is likely to he gained. Mr. Wittocx was in a state of such exhaustion when he arrived, from the fatigues of the very long and extraordinary rapid journey which he had completed, that he was unable to alight'from his carriage. Two of our Contemporaries, and one of them a Paper not professing any devotion to the psrty op posed to the present Administration, have last week made comments upon the frank and manly statements' of Mr. CANNING, on the subject of Portugal, which it was difficult to lead without some surprise and in dignation. There was no vaunting in Mr. CAN,. NINO'S made no boast of the power, of England —and. threw out no defiance to any other ternary ; . but, disclaiming any intention to' interfere between the domestic parties into which Portugal might be divided; he quietly stated, what no good Englishman would be forward in doubting, that it had been the object .of the British Government to take care that no Foreign force should enter the dominions of that ancient and faithful Ally ; and that, if the small squadron stationed, at no immoderate expence, in the Tagus, had conduced to the attainment of that object, it would have prevented an explosion which would have cost England more, in one year of war, than the closest economy could compensate in twelve of peace. What part of this observation could have been supposed likely to excite a sneer ?, Could it have been the indirect intimation that England was not prepared to be a tame spectator, whilst a Foreign Power sent its armies into a country, so long and so intimately allied to her, in order to put down, by force, a majority of the nation peaceably labouring, in con junction with the representative of its lawful Sovereign, to amend and 'consolidate its institutions ? It was even 14 0. Two English journals, one the professed organ Hof the regular Opposition ; the other assuming the character of an independent, plain-sense, publication, have treated the idea of any other course as chimeri cal ; they have both represented this country as so crippled by her debt, that she must have been passive under an aggression, in the utter dishonour of which, all Sense of the fatal detriment to her interests must rdmest have been forgotten. If these papers have 'Token truly, we have only to say, that the sooner we Proclaim our inability to keep our engagements with the public creditors the better; no disgrace, no injury, tesulting from such a declaration could equal the ignominy and helplessness of the condition in which we should grovel on, holding our own safety, and that of every state cooLected with and confiding in us, by no better tenure than the forbearance of Governments a little less in debt than ourselves, and deluding our creditors with Alt idea of our ability to maintain, that place amongst the nations of tkearth, without which their security for principal or Brest were not worth a ducat. But :those papers have not spoken truly ; and they know it. Tile One to attack a ministry, the other to indulge in hackneyed sarcasms on a financial system, of which, with all its defects, the best defence is to be fOund, in that unparalleled pre-eminence which the country has reach e d and maintained, by it, with it, or in spite of it (be it which it may), both writers have belied their native land. They know it, we have said, and happily other . nations k now it too . Wi t h or w i thout a debt, we have too wi se an administration to trifle with th e ev il s °t W ' 11 ; the world has more than once be en i n d e b te d to t hem, and to them only, for the preservation of a rllace so degirable for nati ons , so i n di spene ibl e f or t h e ppitiess of millions ;, their 'unremitting vigilance, w ) elr persuasive- reasonings, their blended conciliation 4,4 firmness, their journeys far and near, (i n th e L'ePth of winter, and in a , precarious state of ahh), all have been employed, and successfully 'so, !u r that great en d ; b ut, l et the essential interests 'of the realm be menaced ; let one ambitious power, by *ICS on o th ers ' yet remote f rom us, en d anger that balance, which howsoever the foolish or the factioui mar mock d _the word, is the s o l e b as i s o f na ti ona l i n . mitlenc e and lasting peace ; or, above all, let an lealnvtlion be attempted on a weaker state that h a s ned f 4 _ or centuries upon us as its main support ; a nd a, We and they,' and all the world, 'shall see what t h o o rt r a check our debt will be upon our faculties ; ar_ it . will lock up our swords in our scabbards, or blunt their edge. alifax Pape' re to the 34 November inclusive have been received the North and South American Coffee-house ; their contents tthr:eot important. They s eem to be congratulating themselves upon e a Qbati t'acY of the American Government in having brought rt themselve s the British Order in Council, interdicting Ame- Z; thiPping from trading with our West India Colonies, by t ,„ 0 : 4 they would lose the exportation of, their produce to the O't tlt of 141 millions of dollars ann ua lly, a n d w hi c h e mployed 1 'ut) tons of American shipping ,in a profitable trade. The 1:,1 4 Octobtet had already comm dence, and at St. Johns, N. 8., on the , fler, they had been visited by a regular snow storm, the of the season. 4 14 .toils contrittlicts the assertions made by other papers, th e f t King, of France had experienced an attack of the gout in ect ; but state that his Majesty has felt some slight rheumatic Iv , 11 7 in the knees, which may have been occasioned by the fall iT H: II happ ened to him sometime ago, but which does not even °tit -the King f ront walking, and is already subsiding ritddly. Letters from Genev a of the 20th " at. announce that tile weekly subscriptione in favou r of h et , l ka n ' l3 E ynar d , have hem already commenter:7l Nijon a small town near -- oMeto . w ro n's o o sed f Sti y itzeriand. At not exceed 2000 souls, 307 a e l l e ,: 4) ; population of which does and offer to pay three sous each,erltZ44ve presented themselves, year., It is expected, that the numberlY, until the harvest of next tow o l f the subscribers will soon im 450; at Rolle, and other small fooll.vhere there are 1,200 i nhabitants, 250 subecribers have been Geneva is also on the point of opening substriptio n 4 ; "Pected from 4 to 5000 persons out of a pop ti fi it i o r of "— zWill inscribe their names. If this example be followed in o ther entries, the Greeks may, at all events, depend on relief6ftroZ Presiing famine which menaces them from the devastation of ° f their These subscriptions in Switzerland are instituted the sole view of giving bread to a nation, 'which otherwise " 41 4 ," Perish from want of the common necessari es of life. This qk of pure Ch r i s ti an c h ar i ty must b e approve d b y men of all tmt kii and parties, whatever be their opinions or their wishes with 11141 1 to the Greek contest,'politically considered. t , —Aar M ETAL PIANOS.--Every nay the Use of :t4 ot iron is b ecom i ng more g eneral, bridges are made of it; I:utehM-boats ; in E ng l an d i t i s used ' for roads; and at Liverpool P,„•es are built of it. Here, in. Peril, we have lately got r N. the frarne-Work of which is formed o f cas t i ron . Th ese I :EU ment s have been brought to such perfection by MM, 4e,1 a nd Co., th a t not on l y di d they r i val, hut, in many parti -0.," surpass the beat English instruments. The solidity of the ind " o -b work is so great, that they seldom g et ou t o f tu n e , and the r►hi e ard relieved from thos e enormous pieces of wood w i t h 00 4 , Was formerly cumbered, i n or d er to res i st the strain, ttri t T" ninth more elasticity, and seconds the vibration of the he t e s ninch better. The tone of these instruments is wonderful, thm 4 .. pnwer and mellowness , an d th e mec h an i sm i s so perfect , Inde e d im mitt of the most delicate as well as of the strongest touch. Ant ‘ 4 's has no do u bt, th a t w h en th ey are'knewn, they will 1nv„,.," 41— t0 the Importation of foreign Pianos. MM.,Pleyel Itigl. *416 inn rt Ontbtah ine p d a patent for *are witli single .....P 411 cr. • THE FUNDS. CITY, Trim o' Clock. The Chief employment of the Brokers this morning is in making up their, accounts, to-morrow being settling day. Console opened at 83 and by January 831 4; they have since been rather better, and are now 891; rather buyers ; India Bonds and Eichequer Bills are heavy at a small decline, the former being 37 9, and the latter 18 19 pm. - Fears seem to be entertained that some failures may take place to-morrow, from the heavy fluctua tions which have occurred during the account. The Foreign Funds have had but little business, Mexican are steady at 68, buyers ; Colombian, 41t 2 ; and Greek, 20, buyers. There does not appear any thing novel in Shares. Three per Cent. Consols, 89/ ; Ditto for Jan., 841; India L per Cent. Bonds, 37 9 pm, ; Exchequer Bills, 18 19 pm. Two o' Clock. Consols have - been 83i, fora moment, went to it, and in consequence of having sales, are now 83i and 83 4, for January ;.4. per cents. 974, and Bank Stock 2831. • Thera is scarcely any alteration in the Foreign Funds; Mexi can are 68 f ; Colombian, 42; Greekabout per cent. lower, 191; and Spanish, 134. ' • Three per Cent. Consols ; FOUR O'CLOCK--C Consols 83-i Do. for Ac. 83i I Brazilian Bonds 65i Buenos Ayres Do. 6G Chilian Do. 38-i Columbian, 1824, 41i THREE O'CLOCK 83 1 1. LOSING PRICES. Danish Bonds 62 Greek Do. 1825 19.} Mexican Do. 1825, 68 Peruvian Do. 35 Russian Do. 87# Spanish Do. 13# SHIPPING INTELLIGENCE. LLOYD'S(Turs Day.) MAT., Nov. 25.—Wind Westerly.—Arrived from the River and remain, Sir E. Hamilton ; Emerald, Simpson ; and Water loo, Wilkinson, for Jamaica. Passed the Cortes, Sprague, for New York; the Molland, for Zante; and Homer, Fraser, for Honduras. Nov. 26.—Wind N.N. W,—Arrived from the River, and sailed, with the whole of the outward-bound, the London, Carman ; Piggot, Blake ; and the' George, Parker, for Jamaica. Remain, the Tobago, Lawless, for Miramichi; and Europe, Jones for Philadelphia. ' , PonTsmotrrn, Nov. the Maria, Cleland, 'for Honduras ; Friends, Hill, for Jamaica ; Greenwich, Dunn, for the South Seas ; and the Pursuit, Adie, for St. Thomas's, from London. The David Scot, for Madras, with the rest of the out ward-bound, got under weigh this morning, but have since put back, the wind being N.W. PLYMOUTH, Nov. 25.—Wind W.N.W.—Arrived the Swal low, Johnes, from Alicant ; and Seal, Brown, from Lisbon. Ganviestriv, Nov. 25 and 26.—Arrived the Jane, Osborn, from Petersburgh ; Kirkman, Fletcher, ditto; Dido, Lee, from Cephalonia ; Paget, Wing, from Smyrna; William, Carlisle, froin Lisbon; William, Carter, ditto, and Magdalen, Robson, from St. Petersburgh. Sailed the Prince George, for London ; Ar man and Piggott, Blake, for St. Petersburgh ; Magnet, Watkins, for the Cape; Georgina, Watt, for Grenada; Hannah, Hope, for St. Michaels; and Emulous, Weeks, for Jamaica. CHESTEIt I SATURDAY EVENING, N0v.25, (FROM OUR OWN CORRESPONDE NT. ) Our ma rket during the past week has been very inactive, nor have we to-day observed any amendment. . The few buyers which have presented themselves in the market, this week, have been small country drapers, and consequently their purchases have been but limited. Even the London wholesale buyers seldom or never have any influence by their purchases here in making much alteration in prices. At this season of the year the holders do not expect much business, nor are they, therefore, from this circumstance, inclined to reduce prices in order to cfre2t sales. We have had 'a tolerably fair enquiry for power loom. cloth, and a very fair business has been doing, but at very low prices. Velveteens, for exportation, are uncommonly dull, and very few sales have been effeeted. Water twist continues to sell freely, and prices fully supported. Cotton has been, through the past . week, very steady, and about 11,000 bags have been sold here and in Liverpool. itt3*Y CASE. TO THE EDITOR OF THE SUN. fits--Although I know yon to he in the main a supporter of the King's Government, yet deeming your support to be guided by reason, and also believing it is the earnest desire of the Go., vernment of itself to direct the affairs of the country upon a system of the strictest justice to the subjects of his Majesty, espe cially in reference to the collection of taxes, I thi n k y ou w ill g i ve me an' opportunity of Mean% 'II eve of as gross robbery and ab• surdity as ever was performed under the sanction of the law or the authority of its officers. The case I mean bears reference to the legacy duty, and the duty on probates of wills, and letters of ad ministration. It was my unfortunate lot a ,few weeks ago to lose my father, and my Mother declining to take upon her self the burthen of 'the administration she renonnced, and 1 applied for letters to be granted to' me in due form of law. It so happened, Sir, that by my father's tnarriage-settlement each of his children attaining the age of 21, took a vested interest in the funds secured by that settlement (being personal property), and were therefore entitled by will to bequeath it to whomsoever they pleased. But, as that vested interest could not he reduced into possession till the death of' both my father and mother, of course, therefore, the right thus given could not be attended with the immediate beneficial enjoyment of the property. My father had two myself and 'it brother, who died some years ago, having attained twenty-one years and a half, and his interest under the marriage settlement of his father having thus vested in him, descended to his father by virtue of the sta tute called the statute of distributions. This fact chanced to transpire, and I was refused letters of administration to my father's estate, (although I was willing to estimate as part of his property my deceased brother's portion), unless I should permit the proper officer to be guilty of that gross absurdity, of .granting letters of administration to a dead man, that is, from my deceased brother to my deceased father, as in that case I must pay the stamp duty on the letters, and on the succession from my brother to my father first, and then again, on the snore property, , from my father to myself. This I refused, as cruelly unjust, thinking that I had done quite enough in offering to pay the duty once from my father to myself. You will also perceive 'that the property in right of which this double duty is pertinaciously demanded, will not, even when the dtity is paid i come into my possession, but I shall merely have a certificate of . my right to it, a right which I claim by the exprats provision of the low, the statute of distributions. In vain I urged the absurdity of the thing-4n vain its injustice and oppressive character: the officer was inexorable, and I must abandon my claim to the letters. This I would do because I know that eventually it must be paid to me or my legatees, or personal representative, without the letters of administration in question, but I am unfortunate enough to be a suitor in that blessed Conrtthe Court of Chancery, and I must give up all my immediate rights, unless I acquiesce in this extortionate demand, for this Court of Equity refuses to entertain my suit, unless I am duly empowered to de. wand (rights no person can or will di spu t e ) in clue fotmy m'n rights of law; so, in accordance with the old • proverb, gi one needs must when the devil drives," especially such a devil. I ant preparing to pay the duty without more ado. • I am, Sir, your obedient servant, Nov. 27, 1826. B. F. Wl L D , . ' 1 .. , Li... name, sq, A i glienlehMannintr his i p o s . tnst neighbourhood of Southampton for the.purpnee . of and large gun , session 4 most ingenious canoe ,_ about 2t feet long, nerr°w* *hooting wild fowl. The On°. Iera""" sea phrase, is very OW; Fo w .1, Stio O T I , bi ri p.. quite flat at the l,ottom, and 6.,ftlert : aa herhegiiningwhhalyerewalioliih:aro...tet , 'Kb that a person may easily s t an d on e d , fo e and aft, a nd upsetting her „ she is , completely deck the gun and shooter open sufficiently et inid s hip • to . 01 , 11 y, with streaks to let up and a d aca ow i tl t inmse' teorimaineewteellin.—a fiv7lite bow or nelie a n d like w i se the ster l b„,, „ea is well ilYtheds4,l%itirt bl o t' tifirsirtin- It:tees:L(lk i w og ith pi ea ece PPe t ' er.od la"le)saltifuletitthithe twist barrel and a dint lock (the preference gi ven by 1 wild-fowl shooters to the flint over' the percussion' the birds suddenly rising m the flash, they present a better isk for the range of the shot), mid in shot from a swivel, to w hi ch " attached a strong spring t o receive-the recoil that naturally err: frOrn the discharge of so 'ergo 4 gu n , t h e b arre l being eight feet lon g , a n d ,weighing nearly 7011,4, , so ingeniously is the canoe Wilt, that she is scarcely percentible at a chart distance, from being painted white, and se.sr e ) t Y elght inches above the serfatea' , . of the sea ; and, together with the Len Oars, --" and man, it dram 1 only tliree inches of water,..diants Telegraph. LAW INTtLLTOENCE. dotrra OF CHANCERY.—(Tais DAY.) His LORDSHIP, on coming into Court this morning, stated that a lady had handed up a petition to the Court the other day in a cause which his Lordship was sure Mr. Horne would well 'recollect, of West v. Clarke, which his Lordship had carefully read over, and.he thought it but an act of justice to Mr. Horne to say, that upon the long proceedings in this cause his Lordship ob served that Mr. Horne had given to this poor woman a great deal of his most valuable advice, which slid him • the greatest credit. This petition was drawn up praying of the Court what it was quite incompetent to grant. It had been presented, accompanied with an affidavit which had been sworn before the Lord Miyor of London. Now, his Lordship begged to say, with all the re spect that was due to that highly respectable personage, that affidavits in matters of Chancery ought not to be taken before him, because if they were true his Lordship could not read them, for the jurisdiction which his Lordship held would not allow him; if they happened to be false, the parties making them could not be prosecuted for perjury ; but it was extremely important that it should be known, that even if they were true the Court could not act upon them., Now what was prayed in this petition, willing as his Lordship was, and he trusted be always should be, to do every thing he Gould, especially in eases of, this nature, yet his Lordship could do nothing upon a petition of this sort, unless the petition was formed into one which prayed that relief which this Court could give to all parties, which this one did not. The opinions which the Attorney for this lady had informed her were expressed by the Court, his Lordship must do him the jus tice to say bad been very correctly stated to her. Be cause his Lordship perfectly recollected what he had stated in this case of West v. Clarke, and if he was wrong in that, he was sorry for it; but he felt that generally in applications of this sort, if upon the examination of the rights of the parties, it turned out the Judge was against them, they imagined themselves betrayed and deserted. His Loansnzr had also another petition, something of the same nature, in which he had no marepower to act than any gentleman in the world. His LORDSNIP stated that he was obliged to rise at half-past one o'clock, to day. VICE CHANCELLOR'S COURT—(Tuts DAT. ) F.ARL OF BNISTO,I V. VINCENT. This case arose out of the following circumstance :—A testator bequeathed en annuity, to what he in his will described as the "Naval Asylum in Landon." There being ne Institution an swering exastly to this description, and several Institutions having asserted claims to the annuity, a bill was filed, and it was referred to the Muter, to say what the intention of the testator was. The Master reported, that the Greenwich Asylum was the Institution entitled to the annuity, and an application was now made, that the arrears of the annuity, and the interest which had accrued thereon, be directed to be paid over to the trustees of that Asylum. His lioNouß granted the application, and ordered that the costs of the suit he paid out of the testator's estate, inasmuch as the proceedings were made necessary by the indistinctness of his will. BOLAND V. lIARSW. Mr. Pares stated that in this ease the question was, whether a debt due by the house of Marsh and Son, navy agents to the late banking establishment of Marsh foul Feuntleroy, was the separate debt of the father, or the joint debt of him and the son. An issue was directed, with the view of ascertaining the fact. The Learned Gentleman said, that the special pleader was apprehensive that at the trial at law a new question, not mooted before his Honour, might be raised, namely, whether there did in reality exist such a partnership as that of Marsh and son, navy agents. To meet this difficulty, the special pleader suggested that the issue might be so shaped as to Assume the existence of the partnership. The Learned Gentleman was also anxious that the trial of the issue should take place in London, as the question was one purely snercantile, and of course most likely to meet a just decision at the hands of a London Jury, Air. MET opposed the application, and stated that the ,Bank ing Establishment always considered the elder Mr. Marsh to be alone liable to them. The object of the present application was to get rid of the declarations Which were repeatedly made by the Banking partner* to that effect. The true question to he decided was, whether at the time of issuing the Commission . the firm trading under the name of " Marsh and SOU" was indebted to the Banking Establishment. It was quite another question whether the eon should be liable for this debt in case it existed. The VICE CHANCILLOII refused the application, observing, that the peculiar connexion existing between the father and son did not mix in the issue. The real tpaestion _ was, ,as M. Hart had put was determined that the trial should take place in London. THE CORPORATION OF LIVERPOO L P . THE 'MERSE Y AND IRIVELL • • TlA:vtaiartaN• In this ease, Which was an application for an injunction on the part of the Corporation of Liverpool, to restrain the Mersey and Irwell Navigation Company from proceeding with erecting jetties and other works between a place called Halton Point and the basin of the Mersey and Irwell Canal, and from making embankments on the Liverpool side of the jetty, Mr. Hume and Mr. Rotten were heard in support, and Mr. HART against the injunction prayed on kiaturdey. Mr. SitAnivam.proeeeded on the same side this morning, and had not concluded when the Court rose. COURT OF KING'S BENCH....(Tnts Itsv.) We regret to state that the Lord Chief Justice has not as yet sufliciently recovered to be able to attend in Court. THE KING v. RICHARDS. A rule having been obtained in this term, calling on the de fendant to show cause why criminal information should not be filed against him for having published a libel on Mr. Easthope, M.P. - for St. Alban'a, in the Aye newspaper, of which the de. fendant is proprietor, Mr. Denman appeared to-day to oppose the rule. lie observed, that as soon as the defendant had discovered his mistake respecting the payment of the dividends which formed the subject matter of the libel, he voluntarily published in the Age a paragraph, entirely exculpating Mr. Eastbope from being influenced by any unworthy motives in his conduct on that ocaa►- sion. The defendant deeply regretted having given publicity to any thing derogatory to the character of Mr. Easthope ; and with respect to that part of the libel which stated that the prosecutor had a quarrel with a Jew, by whom he had been insulted with impunity, and there were some grounds for it; (for the prosecutor himself did not deny that the report respecting the dividends produced some altercation between himself and the Jew alluded to David Solomon) the defendant had done all in his power to correct any evil impression which his publication might have made respecting Mr. Easthope, and has made an affidavit, denying having been influenced by any malice towards him ; but that the reason why he gave publicity to the information from a correspondent, now complained of, was that, he considered Mr. Easthope a public man, and that aninutdversions on his public con duct were allowable. fie now expreased his regret at what bad taken place. Under all these circumstances, he hoped the prose cutor would not press the Twitter further. The . Count asked Mr. Scarktt if, after this, he would persist in his rule? . - Mr. SCARLET? replied in the affirmative, and the rule Wll,l made absolute.. COURT OF COMMON PLEAS--(Tilts I)AY.) HILL V. MARSHALL. This action was instituted at the plaintiff's instance for payment of 117/. ; it was tried at Norwich before the Lord Chief Justice Best, who this day read his notes of the evidence, which was to the following effect :—The first witness called was clerk and brother in-law of the defendant ; be deposed that, in the defendant's ab sence abroad, the plaintiff bought from witness, as acting for his master, and received delivery of, a quantity of silk, to the extent of 49b1., which were raid by the plaintiff; but shortly afterwards he (the plaintiff) complained to witness that part of the silk did not suit him, and returned part of it, to the value of 1171„ which witness agreed to sell for him, but refused to be responsible for the debt. Plaintiff; however, urged him, and promised him a commission for selling it op his own responsibility, which witness still refused to do. Witness then sold it to one Etheridge, and gave him a bill of parcels along with it, in Marsball'a UM, and, 49 he consitivred Etheridge a man of credit; he took his bike for it. Etheridge soon afterwards stopped payment. Defendant Avu not a silk factor, but a merchant ;it was usual for agents to sell g oo d, i p r own name though acting for other.. Etheridge was then examined, and tie} that he g r anted his bill to Ma rs h a ll f or t h e s ilk ; that th e bill of pa rce l s was i n Mar shall's name ; that he conceived be dealt exclusively with Marshall, having eothing whatever to do with the plaintiff. Etheridge, however, concurred with the preceding witness as to the custom of agents selling goods for others in their tiwn n ame . The Curti , Juirrics this day observed, that at the trial remade strong remarks upou t h e ev id en ce, and recommended to, the Jury. to find for th e d efendant ; the,fury, howev er , who seemed to b e acquainted with a ll the partiest to his Lordship' s su r p r i s e, found for the plaintiff. • Mr. Sergeant VanCittas was for the plaintik an d con t en ded that the verdict w as justified by the eviden ce , and might not to be distueb‘d, particil ar ly as th e only, wi*netta who favoured the de fendant was his brother-in-law, and that his ev id ence s b ot ad b e received 'with considerable allowance. Besides the Jury, who knew all the . parties, must have been better judges, The CHIEP Jut Tier--/ am afraid that in these 'mall juridic• tions juries know too much. Mr. Serjeant VAtionals was then about to proceed, when in tempted by the Chief Justice t who stated that after considering the evidence, he was so firmly convinced that the Jury did not sufficiently examine into the matter, or weigh the evidence, that he would recommend to the parties to refer to a qualified person, to examine the books of the parties which could alone decide the matter. Mr. Sergeant Wayr, for the defendant, had no objection to his Lordship's proposal, and Mn/ Sergeant Vaughan requested delay till he should have an opportunity of seeing his client, to whom be would recommend the measure. The Counr granted the delay, and thus allowed the matter to rast for the present, but on the understanding that if the parties should not agree to a reference, a new trial should be granted upon the defendant paying the previous expenced. COURT OF EXCHEQUER—(Tms DAY.) THE KING V. rzTo. ' Mr. CLamor, in following the Attorney-Gene ra l id rep l y , ob served, that the question lay in a very narrow compass, namely, whether the issue found for the Crown was immaterial or not.— The Attorney-General had shewn a breach of:coatract. The de fendant's Counsel pleaded as if the contractor was an injured man. But when a building cost such an immense sum, and in the course of eight years falls down, the Crown has a right to inquire into it. It seemed very strange that he should think himself injured when only called upon to account for the non-performance of a contract which he had bound himself to perform, and that, on no stronger grounds than having followed the directions of Mr. Laing, the architect, who, in fact, was not authorized to give any di rections at all. Mr. scarlett had remarked, that he hoped his client would not be entrapped by any form of law. Now, it seemed by the view which he (Mr. Clarke) had taken of it, that if there was any entrapping,, it was on the part of Mr. Peto. Mr. Denman had said that he could not build a house upon a bed of sand, and felt it his duty, as an honest man, to inform the Commissioners of th e f act ; and that he did so by informing the surveyor. In answer to that it is only necessary to say, that the surveyor had no power to make alterations. It has been hinted that there was a collusion ; then it was not shown that a collusion did not exist between the contractor and the surveyor. The Commissioners had the power to omit any motile or other part of the building specified, and Mr. Peto was to be paid for the materials he had provided ; but there was not a word by which any man could think that the architect had the power of ordering either variations or additions in the manner in which the work should be done. The clerk bad the power of rejecting the materials, but had no power of making any alterations. In allusion to the piling, the inefficacy of which, he observed, caused the building to fall, he was to drive the piling not less than two feet into the stratum of gravel. Of the existence of this gravel there is some doubt; but even sup posing it was not there, then it became the duty of Mr. Peto to have apprised the Commissioners, and not to have followed the directions of the surveyor. A . man if employed to build a house, which house falls down in two years, is not to answer that be followed the directions of the employer's surveyor, between whom and the contractors a collusion might very easily exist. lle had contracted to build the house, and if the directions of the sur veyor were not sufficient, the contractor was alone responsible for the failure of his work. With regard to the filling up of the span drels, the bond required that they were to be filled up with solid brickwork, but they were filled up with stones and rubbish, and grouted in with mortar, but which was finished so as to have the appearance of solid brickwork. This, it appeared, was done by the direction of the surveyor. It might undoubtedly be very well to look at, but experience proved that it was insult_ dent for the purpose, and the difference in expence was between 20001. and 80001. in favour of the contractor. Now here might be a collusion to some purpose, and he did not hesitate to say, that if a Contractor knew that he was doing wrong, and the Surveyor did not give notice of it to the Commissioners, it would be gross fraud on both sides. Mr. Mat...rox and Mr. Pato; as followed on the same side. The Chief Baron ALMA ?AIM R. observed, in giving his judg ment, that it was evident the intention of the instrument was never to give so great a power to the surveyor as to destroy the effect of the bond, which would have been the ease by the showing of the defendant, and stated his opinion that the Crown was entitled to a verdict, in which opinion Baron Graham concurred.—Judgment for the Crown. CONSISTORY COURT.—(itus DAL) UTHICIL V. UTIMR. This was a suit promoted by the husband for a divorce, upon the ground of adultery. The libel stated, that Charles 11. Miter, intermarried with Mary Arm Coleman, at the Church of St. George's, Hanover. oiltinre, in October, 1819, and lived in Leicester -street, telemeter. square, from that period until 1823. For some yeses they lived upon terms of uninterrupted cordiality, and had several children. Previous to the year 1828, however, Mrs. Uther contracted habit. of intoxication, which destroyed the domestic happiness of her husband ; and, finally obliged him to separate from her. Be engaged a mutual friend, however, to look after, and place her in the care of some respectable persons, anti allowed her a small weekly stipend for her support. Quarrelling with the persons in Whose hands she was placed, she moved to the house of a person named Spencer, where she resided for a year, and when in the bilge conducted herself w ith p r op r i e t y ; hut h aving got the habit of remaining out until very late hours at night, the people refused to accommodate her any longer. From this period, it appeared that she indulged in abandoned habits without the slightest con. trout. She lodged successively in Charlton4triet, on the Hamp stead Read, in Little Titchfield-street, and Charles-street, near the Middlesex Hospital. In all these lodgings, she stated that she was a married woman separated from her hus band, but that he occasionally visited and slept with her. A young man, named Headly, was in the habit of visiting her. Ile usually came in the evening, and remained until next,morn. ing. Mrs. Uther treated him as her husband, and from the terms of intimacy on which they lived, there could be no doubt that an adulterous intercourse was carried on. In July, 192 b, Mrs. Uther was delivered of a female child, which she herself de. claret! was the produce of her connection with !leerily. It was further stated, that the infant died a few days after her birth, and that Mr. Headly paid the funeral expences. The husband was a manufactrirer of percussion guns, and allowed the wife U. per week from the time of their separation. Dr. J.Xtitiftf. said he appeared for Mr. Uther, and conceived that the acts of adultery had been so fully made oat that it was unnecessary for him to trouble the Court with any lengthened ar guments. There could be no question ae to the identity of the parties, and still leas that the husband had'conducted himself at all times towards this unfortunate woman with the greatest kindness and consideration. Dr. Lusitugarma said he appeared as Counsel for Mrs. tither, but, after looking through the libel, and the evidence in support of it, he was compelled to admit, that there did not seem to be any eircutruitances in the ease which would warrant him in calling upon the Court to refuse the relief prayed for. Sir Cuaisvorunt: ROM ?NOM bald there could bens doubt upon the fact that adultery had been committed. Indeed the animas, although they contained something like an attempt at justification did not deny the fact. The only question calling for the consi deration of the Court arose out of the circumstance that a separa, tion had taken place, precious to the Aged adultery. It was true separation was unbar to adultery, but yet the Court always inter.. fered reluctantly in sueh cases. : In the present case, however, there was no imputation upon the husband. Mrs. tither had con tracted habits irreconcileable with domestic comfort or With a husband's security, and he was justified in putting her away, that her bad example might not contaminate the minds of her children subsequent to the separation, however, as well as before, it ap. peered that he bad treated her with unremitting Wildness and con sideration, a nd avoided every thing which might he supposed to drive a woman to act improperly; He even held out the pro.; spect of again receiving her to his society, upon eondition of ber abandoning her vicious habits. tinder all the circumstances, Mr.' Uther's conduct was most correct, and he appeared to have been innocently placed in a situation which should render him an object` of. general commiseration. There was no reason, therefore, 'for delaying the relieferbieh he prayed for, and the Court had nothing' to do but pronounce for the diriwee.—Divorce granted. ROB1)18024 V. ItOitINION. To this snit, which was also promoted by the husband against his wife, for a divorce, the lady's PrueMr stated that the oppo• site party had been aosigued to bring in the libel, but had neglect ed to do so for several months. Ile now gave notice that on the next Court day he should more thafthe party proceeding should be declared in contempt. Mr. Robinson's Proctor stated, that his client resided it Dente. rata ; and that he had in his hand an affidavit, stating that Mr. Robinson had written to say that he should send forward the libel by one of the ships then at Demerara, and bound for England. Robinson's Proctor said that his party was in great dis tress, for her husband made her no allowance, and she was actu ally without any means of support. Sir C. noniusow—l know the lady is in a very distressed en d , unprotected state, but I cannot see th at I should better her 4'o lol ' Lion by dismissing her from this Ink - Mrs. Robinson's Proctor said, that if his party were di*miotd, she would go out to Demerara to her husband. Under the circumstance s the Court declined inakisg any ° i d "' The Court thou adjourned. ,%, y: lt, ' 1 o . ' , ' 1 5 : : 1: , :.- ''• — 1 r, ' ~ ' , : "idi '''' -: 4 4174,P34147 ) ) FASHIONABLE NTELLTGTNCE. (k i ~' ~ t 4 ~.,t~'` The King will this (lay hold'a Levee at St. Jame's, at two o'clock. The Duke of Gloucester left his seat at Baphot Park on Thursday, for Lulworth Castle, on a shoot ing excursion. - The Duchess of Gloucester arrived at the residence of the Duke and Duchess of Clarence, in Bushy Park, on Thursday, on a visit to her Royal relations. The Duke and Duchess of Clarence and the Duchess of Gloucester came to town on Friday morning. The Duke and Duchess of Gloucester dined and spent the evening with the Duchess of Kent, at her apartments in the King's Palace, at Kensington, and afterwards returned to Bushy Park. Mr. Willock, late Charge d'Affaires at the Court of Persia, arrived In a post-chaise and four at the Foreign Office, in Downing-street, on Saturday morning from. Persia. Mr. Willock had an interview with Mr. Se cretary Canning, and afterwards proceeded to the Board of Controul for the affairs of India. The Earl of Harrowby and the Earl of Westmor land transacted business on Saturday at the Secretary of State's office for Foreign Affairs. The Lord Chancellor had an audience yesterday of' the King. The Duke of Sussex paid a visit yesterday to his Royal brother the Duke of York, at the residence of the Duke of Rutland, in Arlington -street. The Lord Chancellor, Lord Gwydyr, and Mr. Croker, visited the Duke of York yesterday. Lord De Tabley has hitherto been prevented taking, his seat in the House of Peers from severe indisposi tion. We are happy, however, to state, that his Lord ship's health is now improving, and that it is his in tention to cheer our native artists, by opening his fine Gallery, of their works exclusively, soon after Christmas. Sir Roger Gresley is gone for a short time to the Continent. L a dy S op hi a G res l ey rema i ns in. England. It was from Mr. Michael James Robert Dillon, and not Mr. M. G. B. Dillon, that Lord Redesdale pre sented a petition to the House of Lords on Friday, claiming the Roscommon Peerage. SPARTAN JUSTICE !---.Charles Crisp has beert committed to our House of Correction to hard labour, for twt months, for pulling up and destroying at Handsworth, toti l ips 414 the value of one penny I—Stafford Adoertixer. On Monday night a party of Roc:kites attacked four houses in the vicinity of Bruce, in this county, and robbed theta of several stand of arms, demanding provisions and whiskey from the inmates. On one occasion they met with opposition, and a man of the party was stabbed with a pitch fork,—Dublin Patriot. On Friday a meeting took place at Mount Collins, on the borders of the County Cork, between R. Deconrcey and George Bucket, Fags., the former attended by Captain Saunders, and the latter by Lieutenant Wilson. On the first fire, Mr. Duckett received the ball of his adversary in the pistol arm, when awamicable arrangement took place, and the parties left the ground. —.Dublin Patriot. The alleged answer given to a popular Comic Actor (whose articles at one of the Winter Theatres expire at the end of the present season), by the new Lessee of the other Theatre, to whom he applied for an engagement at an advanced salary, if confirmed by all tho Managers, will tend more to the ex tinction of Stars, and the restoration of the old school of acting, than any former occurrence. " Sir," said the Lessee, " I should be delighted to possess the advantage of yUue excellent talents at my Theatre, but I will not be made an auctioneer of by any of you !" DRURY LANE THEATRE. Shakapeares unctuous Comedy of the Merry Wives o Windsor," was performed on Saturday night at this Theatre, on which occasion a young lady, whose name we could not learn, made her first appearance as " sweet Ann Pape." She was dreadfully alarmed on coining forward, indeed throughout her whole performance ; so that as yet, we are scarcely competent to form an' opinion of the extent of her Wents as a vocalist. But what words shill describe Dovecot - I'i portraiture of'the fat Knight turned sentiumtal—the mountain' of flesh thawed down And melted away beneath the sunny influence of love? It was all that could be expected from such au anomalous compound of size and sentiment; rich, oily,land voluptuous, with just enough of the epi. cure and sensualist about it, to promote laughter without offending taste. Perhaps there is no char ac t er th roug h out the wide range of the drama so difficult to play as this. It requires the combination of so many excellencies; such as wit, fancy, taste, together with an expression of countenance, particularly of eye (which none but Ellistou could give), that it hai been seldom or ever been attempted without a failure. newton, however, pourtraya all these com bined qualities respectably;. and, in the laughable libertiniiito of "fat Jack," his amorousness, we should ear, is superior to any actor alive or dead, within our recollection. Bralianfa Penton was exquisitely melodious, and the favourite air of " The winter is, past" we executed by him in a manner to be treasured up for years, as "s thing of mark and likelihood." Mr. Wallack, in the jealous Fordo, stormed, stamped, and swore, as no jealous man ever yet did, or ever will do. Why will not this very able mein. dramatist stick to bravos and such-like murderers in the dramas of our. modern play-wrights, instead of murdering shakspeare? He committed a similar atrocity on Douplui the other day, and we have not yet forgotten or forgiven the offence. Let him remember the old adage, " ne tudor ultra erepidam," which being paraphrased, means, let 'not Mr. Wallack aspire to Shak speare. Afaster Slender was, like all his other per formances, very good, with here and there some first rate touches about it : he cannot, however, for the anal of him, look melan choly; and melancholy is the soul of Master Slender. The play, as a whole, went off with great eclat, to the satisfaction of a crowded THE MARKETS. CORN-EXCHANGE. —(This Day). There were tolerable fair arrivals of innat kinds of Grain last week, and a good quantity of Flour. This morning the fresh supplies of Grain in general an moderate. Wheat sells for rather more money than last Monday, and the price of Flour is fully trit. ported to advance ss. per seek, but it is not yet finally settled. Barley for malting meets a very dull sale at Is. lute quarter re duction from the, terms of last Monday. Beaus and Pease are un altered. 00 4 were rather lower in the course of last week, but to-day, the weather being frosty, the prices of last Monday are fully supported. . !W A i i :h t e l a V t. 4 ll ,7 4 a:rle O y r . ,Malt. W thi l t E s. l" B .ftw ea ri n i i s. P tl etia 67i e. sa F s l .c o ks tir : to sm 4, 210 ml 0 lai ti o, rs. Qrs. Ors. Qrs. English Irish' ........ ...... ....... ...... ....... 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South ;)owri 'Wethers . 4 a 4 6 :, ._ i .o a ttre ditto.... 3 ... 31, Large coin", calves—. 3 6 4 0 It end €: , ,l„... 4 0j age 4 H 5 0 Primo small ditto . - 5 0 I': 4 ....... prima r .„ 0 „ . $0,,., 4lO 5 2 bur H0p ...... .. . ...... 71 0 4 9 Interior Sheep. . 3O 3 4 Small F l amers ............ 4 i 5 swami o mit, ditto_ 3 6 310 Suckling Calves...tles. to Ms. nth. coarse.woolld ditto 3lO 4 2 Quarter old Pigs..los, to Mo. each. euret,Y, Ali exit. oLriuc'tic ervristuer. i Sheep. I Clams. i riac '1.4,180al 1 , 1 1 140 1),(i21 - NEWOAI'I3 AND XMADEliliAlt. At per stone, by the Carew. a. 4. to s. d. s. d. to s. d. Beef .............. . 3 0 4 4 Veal ......«.... 3 0 j 0 Mutton OlO 310 Pork . 3 8